International Law Commons^™

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

The Treaty With Poland Concerning Business And Economic Relations: Does It Provide More Incentive To The American Investor?, Todd Ewing

Northwestern Journal of International Law & Business

Among the reformed East European countries now embracing democratic notions, Poland has been the most aggressive in the effort to reach full-fledged democracy. These efforts are reflected by Poland's recent amendments to its foreign investment law and, most recently, the signing of a treaty with the United States in hopes of attracting American investors. This article briefly examines the role and content of this treaty in the context of the overall United States treaty program and, more importantly, determines whether the Treaty has the potential to stimulate U.S. investment above and beyond the incentives now in place under the foreign …

The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska

Michigan Journal of International Law

A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.

A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni

Michigan Journal of International Law

"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.

Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone

Michigan Journal of International Law

Part I of this paper sets out a theory of interpretation (drawing on Stanley Fish's idea of interpretive communities) relevant to all interpretive techniques. In Part II, a conception of the purposes and conventions of treaty practice is offered with the aim of shedding light on the interpretive constraints structuring that enterprise. Part III identifies two interpretive communities associated with treaty practice (one narrow, the other broad) and describes their operation in the interpretive process. Special attention is paid to the government legal advisor, who plays a key role within the relevant interpretive communities. Part IV is a case study …

Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas

Michigan Journal of International Law

Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.

International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

2 pages.

Autonomy And Community, Ardis B. Collins

Cardozo Law Review

No abstract provided.

Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers

Michigan Journal of International Law

This article is meant as a comment on some recent Dutch cases concerning the effect within the domestic law of the Netherlands of the prohibition of discrimination laid down in Article 7a(i) of the International Covenant on Economic, Social and Cultural Rights and of Article 26 of the International Covenant on Civil and Political Rights. The cases were decided by the Centrale Raad van Beroep, which is the Dutch supreme court in some fields of administrative law, such as the law on civil servants and several laws on social security. The cases are particularly interesting with respect to the …

New Sea Boundaries In A Swedish Perspective, Hugo Tiberg

Michigan Journal of International Law

Sweden's experiences in applying the principles of the new international law of sea boundaries have more than local interest. Zonebound on all sides and thus never able to determine unilaterally the limits of her newly declared zones, the country has been forced to maneuver in a tight geographical and political situation against smaller brothers on three sides and a dominant eastern neighbor. It has been a tricky game in the borderland between legal principles and pragmatism, where trump cards have been islands of "sufficient" size, and where points have been scored through moderation rather than by overstraining the rules of …

What Does It Mean To Be An Internationalist?, Anthony D'Amato

Michigan Journal of International Law

A scholar of public international law, such as Professor Bishop, has a unique place among legal academicians. There is no other field of law where the writings of a respected scholar constitute an actual source of law. The Statute of the International Court of Justice, repeating an authoritative provision that applied to its predecessor court the Permanent Court of International Justice, lists as a subsidiary means for the determination of rules of international law "the teachings of the most highly qualified publicists of the various nations." The term "highly qualified publicists," of course, is synonymous with what the author has …

The Status Of Treaties In United States Law - Reexamining The Last In Time Rule In Light Of United States V. Palestine Liberation Organization, Kevin T. Mulhearn

Villanova Law Review (1956 - )

No abstract provided.

Law And Alternative Security, Burns H. Weston

Michigan Journal of International Law

Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …

Treaties In A Constitutional Democracy, Louis Henkin

Michigan Journal of International Law

This essay is an adaptation of one of the Cooley Lectures delivered at the University of Michigan Law School, Nov. 14-16, 1988, on the theme "Constitutionalism, Democracy and Foreign Affairs," due to be published by Columbia University Press in 1990.

Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn

Michigan Journal of International Law

This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …

Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman

Michigan Journal of International Law

There is a rich body of law dealing with breach of treaty, its consequences and the procedural options it gives to the complying party. But violations of treaty obligations by a protecting state are procedurally different from violations between states in legal and political parity and negotiating at arm's length. The protected state or state under protectorate has, by definition, a restricted if not completely suspended competence to operate at the international level and hence is unable to protect its interests against violations by the erstwhile protector. Thus, it should be no surprise that international decision has suspended the operation …

Impact Of The Reagan Administration On The Law Of The Sea, George D. Haimbaugh, Jr.

Washington and Lee Law Review

No abstract provided.

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.

Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms

Michigan Journal of International Law

Today, after a long silence, the Nordic States are again investigating the idea of establishing a Nordic nuclear-weapon-free zone. The renewed exchange of views is no doubt partly related to the continuing development of nuclear weapons and partly to the fear that even in circumstances where nuclear weapons would not be used against the Nordic States they present a threat to the region should major war break out. This fear was mentioned by Dr. Urho Kekkonen, the President of the Republic of Finland, in an address he delivered at the Swedish Institute of International Affairs in Stockholm on May 8, …

The High Seas And The International Seabed Area, Bernard H. Oxman

Michigan Journal of International Law

This article is set out in three parts. The first section briefly describes the geographic scope of the sea. The second section analyzes the geographic scope of the high seas. The last section presents six agreed legal principles relevant to the seabed debate which – contrary to the tone of much of the debate - constitute a substantial and growing consensus on the elements of the legal regime of the seabed beyond coastal state jurisdiction. The article concludes by suggesting that more is agreed in this area than is often acknowledged, and that the broader debate would be aided by …

Reservations To Treaties, Richard W. Edwards Jr.

Michigan Journal of International Law

In the summer of 1961, Professor William W. Bishop, Jr., gave a series of lectures at the Hague Academy of International Law which were later published under the title "Reservations to Treaties." This work was the most extensive treatment given by Professor Bishop to a single subject. This article examines the development of the law regarding reservations to treaties subsequent to Professor Bishop's 1961 Hague lectures.

The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.

Normative Surrender, Jerome B. Elkind

Michigan Journal of International Law

It is submitted, at the risk of being accused of idealism, that those who most conspicuously don the mantle of realism are also guilty of normative sloppiness, a form of sloppiness which deserves the name "normative surrender" because it concedes large areas of the law to the will and whim of States. This article will examine the phenomenon of normative surrender and provide some examples of it.

Mutual Legal Assistance Treaties As A Way To Pierce Bank Secrecy, James I.K. Knapp

Case Western Reserve Journal of International Law

No abstract provided.

Custom And Treaty: A Response To Professor Weisburd, Anthony D'Amato

Vanderbilt Journal of Transnational Law

Arthur M. Weisburd's article, "Customary International Law: The Problem of Treaties", focuses on an important problem that has been relatively overlooked: whether current doctrinal scholarship accords too much weight to treaties as constitutive of customary practice. Few issues in international law are more important than the question of where an international rule comes from and how it is proved. Professor Weisburd has addressed a significant component of this basic question. Since he regards me as the leading offender among writers who overdetermine the value of treaties, I would like to take this opportunity to respond.

As a preliminary matter, I …

A Brief Rejoinder, Anthony D'Amato

Vanderbilt Journal of Transnational Law

Professor Weisburd's reply to my essay adds helpful insights to the fascinating issue of the impact of treaties upon customary international law. For the most part, I think the positions on both sides have been clearly drawn, leaving to the reader the ultimate judgment on the merits.

One instance where the position is not so clearly drawn, however, is the question of what custom-creating force we can find in a treaty that itself disavows its custom-creating force. If the language says that the treaty is a matter of comity only, Professor Weisburd argues that the treaty cannot give rise to …

Interpreting State Practice Under Treaties: A Brief Colloquy On The Composition Of Customary International Law, Law Review Staff

Vanderbilt Journal of Transnational Law

In the following discussion, Professor D'Amato takes issue with Professor Weisburd's interpretation of the impact of state practice under treaties. Although the central debate specifically addresses the issue of human rights, the discussion provides a valuable framework for deciding whether contrary state practice effectively undermines the conclusive effect of treaties in developing rules of customary international la

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …

International Law And The Environment, Daniel Barstow Magraw

Proceedings of the Sino-American Conference on Environmental Law (August 16)

18 pages.

Contains 3 pages of references.

Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman

Scholarly Articles in Law Reviews & Journals

No abstract provided.